Judicial review principles

Scope and application of judicial review

Judicial review is a process by which the courts exercise a supervisory jurisdiction over the exercise of public functions by public bodies. CPR 54.1 states that:

'a "claim for judicial review" means a claim to review the lawfulness of–

  1. an enactment or

  2. a decision, action or failure to act in relation to the exercise of a public function.’

Judicial review proceedings in England and Wales normally take place in the Administrative Court, which is part of the King’s Bench Division of the High Court. The Upper Tribunal also has a limited judicial review jurisdiction.

This subtopic focuses primarily on proceedings in the Administrative Court, providing a range of practical guidance materials on the relevant principles and procedures. It also contains guidance on the core principles, procedural steps and distinctive features of judicial review in the Upper Tribunal, as well as in Scotland.

Judicial review remedies are discretionary. The Administrative Court can make the following orders:

  1. a quashing order (the effect of which the court has power to delay, and the retrospective effect of which the court has power to

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Local Government weekly highlights—1 May 2025

This week's edition of Local Government weekly highlights includes coverage of the latest Procurement Policy Notes updates plus expert analysis of the Supreme Court decision in R (Spitalfields Historic Building Trust) v London Borough of Tower Hamlets in which the Supreme Court ruled that a provision in a LA constitution limiting the right to vote on an application to planning committee members who had attended all previous meetings which had considered the application was lawful and did not restrict a councillor’s democratic right to vote; Blackburn With Darwen BC v BM and others in which the High Court confirmed that parents can consent to their child’s deprivation of liberty; R (YVR) v Birmingham CC in which the Court of Appeal dismissed an appeal challenging an LA decision to maintain its adult social care charging policy requiring the maximum amount permitted by regulations and clarifies who must discharge the PSED within LA decision making structures; Julie Richardson Ltd v Oxfordshire CC in which the claimant nursing homes brought a claim against the LA for unpaid nursing home fees based on unjust enrichment; R (Dr Rosalind Bradbury) v Brecon Beacons National Park Authority, which considered appropriate assessments and the planning committee’s failure to consider relevant information; and The Mayor and Burgesses of the London Borough of Enfield v Snell and others, in which the council established a compelling need for an injunction against Persons Unknown to prevent trespass and nuisance. It also includes case reports of Re E (Section 37 Direction) in which the Court of Appeal interpreted the scope of sections 37(1) and 38(1) of the ChA 1989 to be limited to children who are the subject of the proceedings; R (A) v North Central London ICB in which the Court of Appeal addressed an NHS body's breach of duty for failure to arrange an updated healthcare plan for a severely disabled child; R (Royal Borough of Kensington) v NHS NW London ICB in which the court dismissed a judicial review application against an NHS funding decision for a child’s placement in a specialist children’s home; R (TJ) v SLC, in which the court ordered SLC to provide the tablet it had refused following claimant application for disabled student’s allowance; Thiam v Richmond Housing Partnership, in which the court considered whether the decision to seek possession was proportionate to achieving a legitimate aim given the tenant’s disability which contributed to the breach; and R (BMA) v GMC In which the court held that GMC’s decision to promulgate a single set of professional standards guidance was lawful and acted to further patient safety. It also includes further updates on Public procurement, Children’s social care, Social care, Planning, Governance, Education, Social housing, Healthcare and Local authority prosecutions.

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